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MMAATTEERRIIAALL PPRROOVVIIDDEEDD BBYY::
TIPS AND ADVICE TO ENSURE THE
BEST OUTCOME FOR YOUR
PERSONAL INJURY CASE.
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A CONSUMER’S GUIDE TO
A SUCCESSFUL PERSONAL INJURY CLAIM
Copyright © 2012 by:
DiCaudo & Yoder, LLC
520 S. Main St., Ste. #500
Akron, Ohio 44311
All rights reserved. No part of this book may be reproduced
or transmitted in any form or by any means without written
permission from the author.
Written by: Nicholas J. Horrigan, Esq.
J. Reid Yoder, Esq.
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TTAABBLLEE OOFF CCOONNTTEENNTTSS
Introduction ............................................................ 4
Chapter 1 .................................................................5
Chapter 2 .................................................................8
Chapter 3 ...............................................................11
Chapter 4 ...............................................................17
Chapter 5 ...............................................................20
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
IINNTTRROODDUUCCTTIIOONN
Each year on Ohio’s roadways there are thousands of motor
vehicle accidents resulting in injury and death. According
to the Ohio Department of Public Safety, there were
300,164 motor vehicle accidents in the state in 2010,
resulting in 984 deaths and 74,427 injuries.
Many of those injured and the families of those that are
killed go under or uncompensated because they do not have
the knowledge to ensure they are adequately reimbursed for
their loss or injury. This book is meant to provide
information to those that have recently been involved in or
know someone that has been involved in a motor vehicle
accident that lead to injury or death.
Following the advice and tips contained in this book will
help to ensure that, should you or someone you know or
love be injured in an automobile accident, you are
successful in pursing a claim for compensation. In the
event that this informational booklet does not answer all of
your questions, feel free to contact the attorneys of
DiCaudo & Yoder, LLC at any time. They will be happy to
speak with you regarding any legal issues you may be
experiencing.
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
CCHHAAPPTTEERR OONNEE
TTHHEE AACCCCIIDDEENNTT
The short period of time right after a driver is involved in
an accident is critical for preserving evidence that could
prove invaluable in support of a personal injury claim. In
order to ensure that such evidence is properly collected and
maintained, there are several steps you should take
immediately to ensure you protect your right to
compensation.
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
First, you should call the local police or 911 in the case of
an emergency. The police will be able to control the
accident site and collect information to be incorporated into
the police report. This may include taking photographs,
interviewing witnesses, and, in some cases, gathering
physical evidence.
Relying on the police to collect all the necessary data,
however, can be risky and you should attempt to gather as
much information as possible on your own. Writing down
the contact information of involved parties and witnesses,
taking photos when possible, and obtaining a copy of the
police report are all good practice. Police reports
sometimes leave out or skew key information in a way that
may not accurately reflect how the incident actually
transpired. Gathering one’s own evidence is the best way
to protect against such an occurrence.
Get treated for injuries! Unless you are 100% positive you
have not suffered any injury, it is imperative that you visits
a hospital or medical professional immediately after the
accident. Most people never know the difference between
extreme and minor injuries after a car accident, because
they often get worse with time. Especially problematic are
head, neck, and spine injuries, the severity of which can
take weeks or years to manifest. Often, the most contested
issue that arises in personal injury litigation is not whether
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
the opposing party is liable, but for how much. Medical
treatment records are key in establishing the degree of
compensation due to an injured party.
Refrain from talking about the accident. Once you’ve
gathered all the information you can, don’t say anything
about the accident. Don’t try to put the blame on anyone
else, don’t get angry or upset, and, most importantly, don’t
apologize or admit fault.
DID YOU KNOW?
According to the Ohio Department of Public
Safety, each day in 2010 there were
approximately 2.7 fatal car crashes 298.0
injuries caused by car crashes.
There were also 221,597 crashes involving
property damage, averaging out to 607 such
crashes per day.
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
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One of the first people to call after a driver has been
involved in a car accident will invariably be an insurance
adjuster. Normally, when a car accident occurs, the first
thing that happens is an insurance claim is filed. Soon
after, an adjuster will be assigned and will begin to
investigate the claim. As part of that investigation, the
adjuster will attempt to make contact with the parties
involved in the accident, usually within 24 hours of the
incident. Often, the adjuster will personally show up to the
injured person's house.
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
A typical adjuster will attempt to settle the claim as soon as
possible for the lowest amount they can. Remember, an
adjuster's success, and therefore indirectly their salary, is
based upon their ability to save the insurance company
money by settling claims for low amounts, often much less
than the claims are actually worth. Therefore, it is
important for any individual who has been involved in an
auto accident that has been contacted by an adjuster to
make an independent evaluation of the value of their claim.
Something many drivers forget in the confusion and stress
that may accompany a car accident is that that there are two
parts to their claim, one is the property damage claim and
one is claim for injuries. Normally, the extent of damage to
one's vehicle is quickly ascertainable by obtaining
mechanic's estimates. However, the injuries which may
accompany a car accident may not manifest right away and
therefore can easily be overlooked until it's too late. This is
why it is a good idea to be patient and not to accept any
settlement from the adjuster until your medical status is
certain. If this is the case, the adjuster will likely ask for a
medical authorization to obtain medical bills and records.
Beware, however, that such authorization could be very
broad and grant the adjuster access to records unrelated to
the accident.
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
It is most important to remember that no matter what the
adjuster says or does, it is their goal is to minimize liability
and pay the least amount of money on behalf of the
insurance company. The more money they pay you, the
less money goes into the insurance company's pocket and
the less money they will eventually be paid.
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
CCHHAAPPTTEERR TTHHRREEEE
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Often, the most important step a person can take in
successfully pursuing their personal injury claim is
choosing the right attorney for their situation. In meeting
with and ultimately deciding on a personal injury lawyer,
you should keep the following questions in mind.
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
1. How does the attorney bill and how much will your
case cost?
Many people shy away from discussing billing and fees
with their attorney at first, waiting for him/her to bring
it as a matter of course. There is no need, however, to
be afraid to talk with your lawyer about how he/she
bills for the work they will do on your behalf. In fact,
your attorney should be very open and willing to talk
about exactly how you will be billed for his/her
services.
The large majority of personal injury cases are taken on
a contingency basis, wherein the attorney will be
entitled to a percentage of any money collected on your
behalf. However, be wary of any attorney who is not at
least willing to explain how his/her fee will be
calculated. Further, look out for certain “hidden costs”
such as filings fees and expenses that may not be
covered by the contingency agreement.
2. Is the attorney going to be able to respond to your
needs as a client on an ongoing basis?
One of the most often heard complaints regarding
attorneys is that they are unresponsive to their clients.
Attorneys who fail to communicate with their clients on
a regular basis are usually not indifferent to the
problems of those they represent, but rather are too
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
busy handling other issues to reply. These attorneys
usually lack the administrative support required to keep
an office running smoothly, and are forced to manage
day-to-day tasks on their own. On the other hand, an
attorney with an experienced staff doesn’t have to
worry about running the office, and therefore has more
time to attend to his/her clients’ needs.
When searching for an attorney to represent you, make
sure that he/she has a staff that is able to deal with the
issues that accompany the day-to-day operation of a law
office, such as answering phone calls. Your attorney
may not always be able to speak with you immediately,
but you want to be sure that someone can, whether it be
a paralegal, secretary, etc. Indeed, sometimes it may be
easier, if you have a simple question, to ask someone on
your attorney’s staff rather than trying to reach him/her
directly.
3. Is the attorney experienced in the area of personal
injury law?
Today, most attorneys practice in a particular field of
law such as bankruptcy, divorce, or, in your case,
personal injury. Though it is common for many
attorneys to have experience in the area of personal
injury, they rarely are able to master all aspects of the
field by handling the occasional car accident case.
Accordingly, it is important to beware of any attorney
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
who professes to practice in the area of personal injury
but does not make it a major part of his/her practice.
When looking for a attorney well-versed in personal
injury practice, ask him/her about the experience he/she
has working in that area. If he/she actually has
experience in the area of personal injury, he/she should
be able to recount at least one recent case he/she
worked on and the result. Also, don’t be afraid to ask
your attorney for some references. If he/she is really as
good as he/she claims, your attorney should have no
problem providing you with a list of references that will
verify his/her reputation.
4. Is the attorney listening to your problems, asking
questions, and giving feedback?
The easiest way to tell if an attorney is listening to your
problems is to listen to him/her. A skilled attorney will
ask questions in order to get a good sense of exactly
what your legal issue is and how he/she is going to deal
with it. Be careful here, though, because each attorney
has his/her own style when approaching a client’s legal
problem. One attorney might let you talk for an hour
and then spend the next thirty minutes asking you
questions, while another may interrupt you after five
minutes. Also keep in mind that your case may not
require a lot of background and just because your
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
attorney does not ask you a lot of questions does not
mean that he/she does not care about your problem.
5. Has the attorney explained the potential for success
in your case and his ability to devote time to it?
The cold, hard truth is that many personal injury cases,
although meritorious, are not winnable. There are a
myriad of reasons why any particular case will not be
successful. There may not be enough evidence in your
favor or the defendant doesn’t have any money for you
to collect.
Your attorney should explain to you the chances that
your case will be successful and what your potential
options are now and in the future should you hire
him/her. It is also important to make sure that your
attorney will devote sufficient time to give your case
the best chance of success. Ask your attorney how
difficult he/she thinks it will be to win your case and
how much time he/she will spend on it. A quality
attorney will discuss the pros and cons of your case
with you and then make a determination as to your
chances of success.
Be leery of the attorney who attempts to tell you what
your case is worth upon your initial consultation. That
attorney has probably not seen the accident report,
reviewed medical records or spoke to witnesses.
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
Attorneys who attempt to do this are normally not
skilled in the personal injury field and are quoting a
high figure to try to persuade you to hire them. Use
your common sense and ask questions.
QUICK TIP
State and local bar associations often offer
free or reduced-cost attorney referral
services which help put individuals in
contact with reputable legal representation.
Ohio’s State Bar Association has such a
service located online at:
https://www.ohiobar.org/Pages/Find-A-
Lawyer.aspx
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
CCHHAAPPTTEERR FFOOUURR
EEVVAALLUUAATTIINNGG YYOOUURR
PPEERRSSOONNAALL IINNJJUURRYY CCLLAAIIMM
Generally, a person can not walk into an attorney’s office
with a personal injury claim and expect the attorney to
evaluate their case with any precision. The problem in
predicting the value of any given case stems from the fact
that each claim is unique and is affected by a great number
of factors.
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
Some such factors are:
Severity of Injuries.
Severity of Vehicle Damage.
Presence and Severity of Permanent Disability.
Lost Employment Opportunities and/or Wages.
Mental and Physical Pain and Suffering.
Ultimately, a case that goes to trial will be decided by a
jury. That jury will decide how much money to award and,
because each juror will bring their own personal biases
with them, different juries often arrive at different verdicts
under the same or similar set of circumstances.
Recently, calculators claiming to accurately evaluate your
personal injury claim have been popping up all over the
internet. Often, these calculators will ask you to fill out an
online questionnaire and then us that information to provide
a ballpark figure of the value of your claim. While these
calculators may include many important factors such as
financial impact, loss of earnings, and severity of injury,
they are unable to account for the pain, suffering, and
mental anguish that accompany an injury.
Because any of the above-mentioned factors can have a
significant impact on the value of your particular personal
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
injury case, evaluation of any claim is best performed by an
experienced personal injury attorney. Good personal injury
attorneys know how to minimize negative aspects of your
claim and emphasize positive ones. Further, an experienced
personal injury attorney will be familiar with the problems
that often arise in dealing with personal injury claims. For
advice on how to choose your personal injury attorney,
refer to Chapter 3 of this booklet.
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
CCHHAAPPTTEERR FFIIVVEE
RREESSOOLLVVIINNGG YYOOUURR CCAASSEE
There are several potential avenues of dealing with a
personal injury claim, the favorability of which varies
depending on a variety of factors. Most well known of the
potential resolutions to a case are settlement and trial, the
former becoming more prevalent with each passing year.
Over the last several decades, the number of civil cases
ending during or after trial has declined from 11.5% in
1962 to a mere 1.3% in 2006.
Perhaps less well-known types of resolution are the
mechanisms known as arbitration and mediation. Often
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A CONSUMER’S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM
confused with each other, both are types of dispute
resolution that are conducted outside of the court system,
however, several key factors differentiate them.
Both arbitration and mediation employ a neutral third party
that “referees” the dispute. Arbitration is usually legally
binding, meaning that the decision of the arbitrator is final.
Further, although arbitration is sometimes conducted with a
single arbitrator, more commonly, each side selects an
arbitrator and those two arbitrators then select a third
arbitrator. The dispute is then presented to the three
arbitrators chosen, with a majority of the arbitrators
rendering a written decision.
Mediation, on the other hand, is usually less formal than
arbitration and is generally conducted before a single
mediator whose purpose is to facilitate an eventual
resolution of the dispute.
Choosing which type of resolution strategy is best for your
claim involves the weighing of various factors that reflect
both favorably and negatively on the strength of your case.
An experienced personal injury attorney will possess the
necessary knowledge and ability to determine which legal
avenue is best suited to the resolution of your case.
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QUICK TIP
In order to discourage unreasonable delay in
bringing civil lawsuits, all states have
established certain time limits within which
the action must be brought know as the
"statute of limitations." Generally, the
statute of limitations begins to run when the
right to take legal action arises, or in legal
terms "accrues." If an action is not brought
within the specified period, subject to
certain exceptions, a court is barred from
hearing the case.
In Ohio, the statute of limitations on
personal injury cases is two years, and
begins to run at the time of the accident.
Any claim brought outside the two year
statute of limitations runs the risk of being
dismissed as untimely.